How is copyright infringement and unfair competition determined?

Copyright is a very important right for authors, which can better protect their legitimate interests. But when we encounter copyright infringement, we know that we need to make corresponding determinations on unfair competition. This needs to be understood from the following introduction. Regarding this question, the editor of Legal Savior Network has compiled the following content to answer your question. I hope it will be helpful to you.

How to identify copyright infringement and unfair competition

1 , Determination of copyright infringement

(1) There are facts of infringement. That is, the perpetrator uses the copyright owner's works, as well as performances, audio-visual products, and radio and television programs without the permission of the copyright owner and without complying with the conditions of use stipulated in the copyright law.

(2 Behavior is illegal. Copyright is an absolute right, and everyone is responsible for the obligation not to infringe on this right. Others are using the copyright The copyright law and other relevant legal provisions must be observed when producing works. If the perpetrator violates the provisions of the law, his or her behavior will be illegal.

(3) The perpetrator Subjective fault. The so-called fault refers to the infringer’s psychological state of his or her infringement and its consequences, including intentional and negligent forms. Most copyright infringements are intentional; there are also a few that can be both intentional and intentional. It can also be constituted by negligence.

2. Determination of Unfair Competition Behavior

(1) Confusing Behavior

(2) Public Use Restrictive competition behaviors of enterprises or other operators that enjoy exclusive status according to law

(3) Restrictive competition behaviors of government agencies

(4) Commercial bribery

(5) False publicity

(6) Infringement of trade secrets

(7) Low price dumping

Relevant legal knowledge

"Anti-Unfair Competition Law"

Article 6 Operators shall not implement the following confusions Behavior that leads people to mistakenly think that they are other people’s goods or have a specific connection with others:

(1) Unauthorized use of product names, packaging, and decoration that have a certain influence on others and other identical or similar logos;

(2) Unauthorized use of other people’s corporate names (including abbreviations, font sizes, etc.) and social organization names (including abbreviations) that have certain influence etc.), names (including pen names, stage names, translated names, etc.);

(3) Unauthorized use of the main part of domain names, website names, web pages, etc. that have certain influence on others ;

(4) Other confusing behaviors that can lead people to mistake them for other people's goods or have a specific connection with others

After reading the introduction of this article, everyone must know the regulations in this regard. When our legitimate rights and interests are infringed, we must know whether it is copyright infringement or unfair competition. This needs to be carried out Only with relevant identification can rights protection be carried out according to legal channels. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.